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Social Welfare Appeals.

Dáil Éireann Debate, Wednesday - 27 September 2006

Wednesday, 27 September 2006

Questions (935, 936, 937, 938)

Michael Ring

Question:

1004 Mr. Ring asked the Minister for Social and Family Affairs the average cost of holding oral hearings, giving details on a county-to-county basis; and if he will make a statement on the matter. [28685/06]

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Michael Ring

Question:

1005 Mr. Ring asked the Minister for Social and Family Affairs the number of people from County Mayo who are currently waiting for an oral hearing to be scheduled to finalise their appeals; and if he will make a statement on the matter. [28686/06]

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Michael Ring

Question:

1006 Mr. Ring asked the Minister for Social and Family Affairs the number of oral hearings held in 2005 and to date in 2006 on a monthly basis in each county; the costs of same; and if he will make a statement on the matter. [28687/06]

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Michael Ring

Question:

1007 Mr. Ring asked the Minister for Social and Family Affairs the current average waiting time for oral hearings to be scheduled for appellants on a county to county basis; and if he will make a statement on the matter. [28688/06]

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Written answers

I propose to take Questions Nos. 1004 to 1007, inclusive, together.

There are currently 28 persons from Co. Mayo and adjoining counties awaiting an oral hearing of their appeal in hearing centres located in Co. Mayo. The number of oral hearings held nationally each month in 2005 and in 2006 (to the end of August) is set out on the following table. There are no specific figures available as to the costs of appeals determined by way of oral hearings. Statistics are not maintained on the number of oral hearings held for each county, or the average waiting times for oral hearings scheduled for appellants on a county basis.

The average length of time to deal with all appeals (i.e. those decided summarily and by way of an oral hearing) in 2005 was 20 weeks. If allowance is made for the 25% most protracted cases, the average time falls to 13 weeks. Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in the evidence presented by both parties or where an oral hearing is requested by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by about 8 weeks where an oral hearing is involved.

The processing time for appeals covers all phases of the appeal process including the submission by my Department of its comments on the grounds for the appeal, further examinations by the Department's Medical Assessors in certain sickness related cases and the holding of oral hearings which are currently afforded in two out of every three cases determined by Appeals Officers. Circumstances can arise, normally outside of the control of the Social Welfare Appeals Office, which can have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant furnishes new evidence which requires investigation at a late stage in the proceedings or where an adjournment of an oral hearing may be sought by the appellant or his or her representatives.

The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and satisfactory consideration. While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.

NUMBER OF ORAL HEARING CASES DECIDED, BY MONTH, IN 2005 & 2006

2005

2006

JANUARY

407

462

FEBRUARY

374

565

MARCH

607

618

APRIL

432

313

MAY

455

554

JUNE

478

414

JULY

450

442

AUGUST

576

611

SUB-TOTAL

3779

3979

SEPTEMBER

533

OCTOBER

427

NOVEMBER

507

DECEMBER

399

TOTAL

5645

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